사기
The defendant's appeal is dismissed.
1. The gist of the defendant's appeal grounds (misunderstanding of facts) is that the defendant received alcoholic beverages, alcoholic beverages and services as well as alcoholic beverages, etc. to pay alcoholic beverage prices, etc., and there is no intention to not pay alcoholic beverage prices, etc.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below's finding the defendant guilty of the facts charged in this case is just and there is no error as alleged in the grounds of appeal, since the court below found the defendant guilty of the facts charged in this case, since the defendant had no intent or ability to pay alcoholic beverages, etc. as stated in the facts charged, by deceiving the victim and not being provided alcoholic beverages,
(1) A victim has immediately fleded to the written statement prepared by the police, and even this person also has fleded.
The calculation of the Republic of Korea is also known, and why is why we have escaped, so that we spite with severe humiliations, fingers and spits.
”라고 기재하였다( 증거기록 제 2 책 제 2권 제 8 쪽). ② 피해자는 담당 검사와 전화통화를 하면서 “ 둘이 같이 나왔는데 한 사람은 순식간에 그냥 계단 밑으로 도망 가 버렸고 피고인도 같이 계단 밑으로 도망가는 것을 우리가 잡았다”, “ 중요한 것은 그런 마음이 없었으면 둘 다 그렇게 도망갈 이유가 없다”, “( 룸에서 나오자마자) 다 도망갔다”, “ 카운터로 가는 시늉조차 안했다 ”라고 진술하였다( 증거기록 제 2 책 제 1권 제 33 쪽, 제 34 쪽). ③ 피고인은 원심 법정에서 이 사건 공소사실을 인정하였다.
3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.